Defendant

The party against whom the cause of action is being brought.

Question: To Lawyers: Is there a juristiction in the US where a plaintiff in Small Claims can have a surrogate speak? I'd like to know if there is any juristiction anywhere in the US where a plaintiff in a Small Claims action can appoint a surrogate - who is NOT an attorney - to speak on their behalf?

Answer: You can grant ANYONE a 'Power of Attorney'. That enables them to act on your behalf in ANY capacity that YOU can legally act. This is true EVERYWHERE in the US.
The attorneys need to 'think outside the box' on occasion. Then again, that would ruin the 'legal monopoly' they have enacted into law.

Question: Which of the following determines whether a plaintiff assumed a risk? A-Whether he or she is a fiduciary
B-What a ''reasonable person''would know about the risks
C-Whether the risk meets the objective standard
D-What the plaintiff actually knew about the risks

Answer: D

Question: Can a plaintiff sue the defendants attorneys for discriminating against the disabled & causing mental anguish?
Yes or No?
The defendants attorney told the plaintiff that they filed Sanctions on the plaintiff because of their disabilities on a close case. The judge did not accompany with the defendants attorneys unreasonable and unjust demands.
What the defendants attorney did caused the plaintiff mental anguish!
It caused the plaintiff not only mental anguish but nightmares and to be hospitalized on the Cardiac floor for irregular heart beats that they caused and to be put on the psych floor for nightmares that they caused and causing the plaintiff to scream in their sleep for help and this also caused the plaintiff's blood pressure, blood sugar and pulse to be out of control.

Answer: The answer to that is huh? The mere fact that an attorney is representing a defendant does not give rise to any non-frivolous law suit. Of course, anyone can file anything if they are willing to pay the filing fee and any sanctions that the court will impose for a frivolous petition.
As to a law suit with actual merits, it would depend upon what the defense attorney did. If the defense attorney stepped across the lines of zealous representation and engaged in conduct designed solely to harass the plaintiff, then, perhaps, the plaintiff would have valid grounds to sue the defense attorney.
But merely for representing a defendant within the rules of court, no.

Question: How many jurors does it take for the plaintiff to win a class action suit; unanimous, simple majority or what? The case is already underway. Four witnesses have testified already, so this case it seems, will not settle out of court. There are about 350 opt-ins.

Answer: Simple majority, and it has to be a full majority. If there are a few holdouts, and there is like 4-3 decision, that is still a hung jury.

Question: How can i get a judicial order preventing a defendant from making further applications in court? I won my case in court, but he keeps appealing every time i try to enforce the enforcement. I've been told the court has to keep accepting his appeal in the absence of any judicial order preventing the defendant from making further applications.

Answer: If you won your case you have a judgement in your favour.That cannot be overturned unless it is set aside on appeal (or your opponent is given a stay of execution pending appeal) Whichever court system you are involved in will have its own appeal system which will eventually be exhausted i.e there will come a point where there is no new court to appeal to.
Technically you cannot really "appeal" against an enforcement process. All you can do is apply to the Court for a variation of the terms of the judgement - a stay of execution - more time to pay - a reduction in instalments ordered to be paid etc. etc.
Court staff must allow defendants to enter these applications They are not judges and cannot make any decisions on whether the application has any merit.You can always oppose the application in writing , in person or via solicitors depending on which Court is involved stating your reasons If you think the application is unjustified ask the Court to dismiss it and order your opponent not to file any more frivolous ones.

Question: "The defendant is to pay the applicants costs of this motion as assessed or agreed" What does this mean? Does it mean that the defendant has to pay the amount of money that the applicant used to go to court? Or does it mean that the defendant has to pay for the agreed cost of the item associated with the case.

Answer: It means the defendant must pay the disputed sum of money PLUS all & any additional monies the applicant paid to bring the case to Court (legal costs, transportation, lost earnings, etc...)...

Question: What happens if a defendant pushes a victim causing her to stumble into another victim who falls over and dies? What would the defendant be liable for in terms of the second victim?

Answer: The defendant would be guilty of manslaughter on the principle of the doctrine of transferred malice. Note that the original intention is important; if the defendant was trying to push the original victim in an attempt to kill or seriously injure, then the defendant would be guilty of murder.

Question: What happend once the defendant team have produced reports that say he is not fit to go to trial? The trial is not delayed so what do the defence and prosicution do next what happens to the defendant???

Answer: If an accused is not fit to stand trial there are several options. The usual reason is mental health and, if there's little doubt that the accused committed a crime of violence, he or she will probably be sectioned under the Mental Health Act. Usually a plea of not guilty by reason of diminished responsibility is accepted by the court and the mentally ill person is transferred to a secure mental health hospital.
If the accused has poor physical health, the court will give them time to recover. During this time they may be held in custody or released on bail. In serious cases the trial can be put on hold indefinitely.

Question: Does a defendant in a criminal case have a legal right to confront there accussers, and ask them quesions? I was wondering, Does a defendant in a civil case have a legal right to confront there accusers, and ASK them questions. I am a defendant in a criminal proceeding, and I was going to confront my accusers and ask them questions in the form of a deposition proceeding. Can I do this, and is that legal?

Answer: There are some limitations, but generally you are entitled to that as a matter of law.

Question: If you try to serve a defendant and someone else accepts the summons and complaint ? I tried to have 2 defendants served there summons and complaint, and the assistant accepted sevice on behalf of the defendants. In the state of WI you have 90 days to have a defendant served. Since the defendants weren't actually served, can I have them reserved but by publication this time.

Answer: You can get new summons issued, but you cannot serve by publication unless you file a motion with the court and get an order for substituted service. In order to qualify for the order, you have to show that you have made reasonable efforts to serve the defendant.
This you have not done! You only made one effort, and it was botched.
Sorry!!

Question: Would you testify against the defendant salacious crumb when he goes to trial ? Stabler and Benson and The Captain and Fin are currently outside of salacious crumb's apartment, getting ready to arrest him. District Attorney Alexandra Cabot needs witnesses to testify the defendant. Would you like to testify against him ?

Answer: Can I frisk him?

Question: Criminal case dismissed, defendant discharged and then judgment voided a year later. What is your opinion? A county judge in a criminal case put a defendant on probation. He then signed an order of probation extension, but later signed an order of dismissal of case and discharged the defendant. The defendant had no idea that the case had been dismissed. One year later, the judge then voided the dismissal of the case. The judge order another extension of probation on the defendant. After that happened, the judge then revoked the probation and put out a warrant on the defendant. Does this sound strange to you?

Answer: Someone forgot to pay off the judge.

Question: Can a person served a defendant and be a witness on the case? My husband finally served the defendant. The constable could not do it. Anything wrong with that?

Answer: Can he prove that he served the defendant? That is the problem with the complainant serving papers to an opposing party. It is not recommended.
The person filing the complaint should not be serving the papers. He should have a process server, sheriff, certified mail or a friend serve the papers.
I think Austrailia just ruled that you can serve a person by sending it to their facebook, LOL (but how do they know they really got it).

Question: Can a judge sentence a defendant to prison without a speedy trial? In other words, would a judge have the power to sentence a defendant to prison without a trial.
This of course related to the US

Answer: I'm sure if the defendant displayed enough contempt, they would lose their right to the trial.

Question: Does a defendant must appear in court regardless of how bad they act in the courtroom? Is a defendant is required to appear in court regardless despite being obnoxious, nasty, talks too much (more than enough to put his/her foot in his/her own mouth), refuses to shut up, being disrespectful, or just being out-of-control. Lets say it is absolutely clear he/she is NOT mentally crazy, and is just trying to (for example in their own mind) annoy the judge enough to have his/her case dismissed?
I'm sure these type of incidents in courts of all levels high and low have occurred once in a while.
Do these type tactics by defendants even work or just makes the defendant look even worse in front of the judge's (and jury's) decision?
Can the court proceed from start to finish WITHOUT the defendant present, but his/her defense attorney is there to represent them given his/her courtroom behavior?

Answer: Would you go in favor in the defendant if he acted this way.
If the plantiff did the actions, the case might be dismissed. If the defendent did it, the judge would give a contempt of court to the defendent and have you serve it immediately. The judge could require you to be in custody while the court is not in session and require you to wear a prison jump suit.
They can proceed with the defendent missing, but the defendent must be represented.
A court room is a negotiation table, you do everything you can to give the best impression. If you are like little children, the judge has the power to give justisfied retaliation. The judge gives both sides the same unbiased judgement unless there are circumstances that proves differently.

Question: How to motion court to extend time to serve lawsuit on defendant? I thought my lawsuit had been dissmissed because I could not afford filing fee. I recently received notice from court that I have to appear and answer why it was not served on the Defendant and why all the other documents had not been filed. The forms say I need to file a motion to extend time. I have searched the internet to no avail, but have not been able to find an example or a hit lit of what I need to do.

Answer: Two things: Either go on line, or go to a bookstore that sells legal self help books. Nolo Press is commonly used.
It is a good workbook that walks you through the procedures of the legal system.
Also, spend a day at your local law library. They will have practice and pleading guide books. These are operating manuals for attorneys. Think of them like the repair manuals that mechanics use for car repair.
The guide books will have examples of the motions you may need. It has also a great section at the end that tells you what to remember to include in the filing.
The other person was correct about calling the court clerk to schedule a hearing. That is an absolute and should be done immediately. Then go figure out how to prepare and file the motion.
Don't overwhelm yourself thinking this something complicated. When you see the Nolo Press book and the practice guides in the law library, you will see it is not difficult.
If you are not comfortable with, or do not have the skills, to prepare the legal documents in the correct format, call document preparers and pay them to do the work. Make sure they are registered with the court and have a bond.

Question: How do you look up a criminal case and find a criminal defendant in jail in Boise, Idaho? I wish to know whether there is a free government website where I can look up criminal cases by defendant's name in Boise, Idaho.

Answer: go to www.idahosherriff.com

Question: It is very possible to build a defense without the Defendant revealing guilt or innocence? Many Defendants will tell you whether or not they are guilty and some will absolutely deny guilt even if it is on video. It is very possible to build a defense without the Defendant revealing guilt or innocence

Answer: It is not only possible, it is the RULE, rather than the exception. Many defense attorneys in criminal cases don't even ASK. The word of the defendant is actually the LEAST useful factor in building a defense.

Question: In What kinds of cases does a defendant have to be personally served? Someone has been trying to serve me and will not let my husband take it. What kinds of court cases does the defendant have to be personally served. I thought anyone over the age of 18 could be served.
I live in California

Answer: Possibilities are someone suing you over a matter affecting your separate property, a notice from a probate matter involving a relative of yours (obviously not your husband's family so they would not want to serve him), someone suing you in an individual capacity, perhaps arising out of your work capacity or most creepy, it's your husband in a divorce action.

Question: What evidence is used to convict a defendant in a white collar crime? I was just wondering , I have been reading about trails and trail law and the only information that i can find is all about violent crimes where a gun is used and a witness sees the defendant with the gun . I wanted to know what the evidence in a white collar criminal case would be , any information would be helpful

Answer: It depends on what the charge is and what state this occurs in. If it's grand theft, the prosecutor may want to have copies of bank statements, value of item/s, etc.